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Injury Management and Workers' Compensation > Laws > Flashcards

Laws Flashcards

1
Q

Workers Compensation and Injury Management Act 1981

Part 3 Division 5 Section 72A

A

Suspending entitlement for not undergoing a medical examination.

  • must attend medical examinations as per section 64 & section 65. Must not refuse, fail to do so or obstruct the examination
  • if a worker continues to refuse or fail to submit to medical examination for one month, or such time as an arbitrator otherwise orders, then -
    a) workers’ entitlements to compensation for ‘injury’ ceases; and
    b) under subsection (1), the workers’ entitlement to take & prosecute any proceeding under this Act in relation yo that compensation, ceases.
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2
Q

Workers Compensation and Injury Management Act 1981

Part 3 Division 5 Section 72B

A

Possible Payment Suspensions for not Participating in RTWP

  • must participate in return to work program S1 56B(2)
  • workers’ entitlement to workers compensation may be suspended by order of an Arbitrator if the worker refuses or fails to participate in the return to work program (1)
  • (6) if a worker continues to refuse or fail to comply with an order to participate in the RTWP for one month, or such time as an arbitrator otherwise orders, then the workers’ entitlement to compensation for the injury ceases.
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3
Q

Workers Compensation and Injury Management Act 1981

Part 3 Division 8 Section 84AA

A

Employers

- must keep workers position available for at least 12 months if practicable to do so.

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4
Q

Workers Compensation and Injury Management Act 1981

Part 3 Division 8 Section 84AB

A

Employers

- employer to notify worker & WorkCover WA of intention to dismiss the worker, with 28 days notice.

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5
Q

Workers Compensation and Injury Management Act 1981

Part 4 Section 93A & 93S

A

Common Law Workplace Injury

  • 93A: term used; damages
  • 93S: Regulations for this subdivision
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6
Q

Workers Compensation and Injury Management Act 1981

Part 3 Division 5 Section 57A

A

Claims Procedure

  • first medical certificate issued
  • workers’ compensation claim form completed
  • employers have 5 working days to send these to the insurer - penalties apply
  • the insurer has 14 days to inform worker on the decision: accepted, declined, pending - penalty: $1000
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7
Q

Workers Compensation and Injury Management Act 1981

Part 1 Section 5 (part 1)

A

Not Compensable Under the Act

  • Part 1: does not include a disease caused by stress if the stress wholly or predominantly arises from a matter mentioned above, unlesss the matter is unreasonable & harsh on the part of the employer.
  • Part 2: the worker’s expectation of:
    - a matter
    - a decision of the employer
  • Part 3:
    - journeys between home and work
    - serious and wilful misconduct - self-inflicted injury
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8
Q

Workers Compensation and Injury Management Act 1981

Part 3 Division 1 Section 20-4

A

Which State’s Workers’ Compensation?

  • Rules in determining which legislation applies:
    a) the state in which the worker normally works
    b) If no one state is identified, then the state in which they are usually based for work.
    c) If a) & b) can not be identified, then the employer’s principal place in Australia.
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9
Q

Workers Compensation and Injury Management Act 1981

Part 1 Section 5 (part 2)

A

Definition of an Injury

  • accident arising out of or in the course of employment
  • a disease contracted in the course of employment, to which employment was a contributing factor & contributed to a significant degree
  • recurrence, aggravation, acceleration of any pre-existing disease where the employment was a contributing factor & contributed to a significant degree.
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10
Q

Workers Compensation and Injury Management Act 1981

Part 3 Division 5 Section 64 & 65 (part 1)

A

Medical Reviews

  • right to choose their own medical practitioner for treatment & management of injury
  • the employer may request the worker to attend a medical review of the employer’s choice, the worker is required to attend
  • if the worker does not attend;
    • payments of compensation may be suspended
    • rights to pursue workers compensation may cease.
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11
Q

Workers Compensation and Injury Management Act 1981

Part 3 Division 5 Section 64 & 65 (part 2)

A

Medical Review Restrictions

  • a worker cannot be required to attend medical reviews;
    • more frequently than once every two weeks
    • at any time other than during reasonable hours
    • with more than 3 medical practitioners who are specialists in the same field of medicine.
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12
Q

Workers Compensation and Injury Management Act 1981

Part 3 Division 5 Section 57A-7

A

Payments

  • once acceptance has been received from the insurer, begin worker’s compensation payments.
  • required to pay the worker in the usual manner, on the usual pay day, unless notified by the insurer.
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13
Q

Workers Compensation and Injury Management Act 1981

Part 9 Section 155

A

Section 155A Code of Practice (Injury Management).
- The Code Part 1; Preliminary Workers’ Compensation Code of Practice (Injury Management) 2005
- The Code Part 2; Injury Management Systems
- The Code Part 3; Return to Work Programs
Section 155B; Establish an Injury Management System
Section 155C; Establish a Return to Work Program

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14
Q

Workers Compensation and Injury Management Act 1981

Part 9 Section 156B

A

Arbitrators’ Powers as to Return to Work Programs

- the worker must participate in RTWP

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15
Q

Workers’ Compensation Code of Practice 2005

Part 3 Section 9

A

Implementing a Return to Work Program;

  1. Employer ensures the worker & the treating medical practitioner receive a copy of the RTWP & a copy of the document describing any change that is made to the RTWP
  2. Employer has to take reasonable steps to ensure the actions listed in the RTWP are taken in a timely manner
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16
Q

Workers’ Compensation Code of Practice 2005

Part 3 Section 8

A

The Return to Work Program to Include;

  1. names of injured worker & employer & any other details needed to identify them (ie. staff ID no., position, title);
  2. describe the goal of the program;
  3. an action list that has to be taken to enable the worker to return to work, identifying who has to take each action; and
  4. statement as to whether the worker agrees with the content of the program
17
Q

Workers’ Compensation Code of Practice 2005

Part 3 Section 7

A

Establishment of a Return to Work Program

  1. The employer has to give worker who suffers an injury compensable under the act, an opportunity to participate in the establishment of a return to work program for the worker.
  2. The employer has to take reasonable steps to ensure that the worker agrees with the content of the workers’ return to work program.
  3. The return to work program has to be described in writing
18
Q

Workers’ Compensation Code of Practice 2005

Part 2 Section 4

A

Injury Management System must be describing in detail, in writing.

19
Q

Workers’ Compensation Code of Practice 2005

Part 2 Section 5

A

a) the steps that will be taken when a work-related injury occurs
b) name & contact details of the person with day to day responsibility of injury management system

20
Q

Workers’ Compensation Code of Practice 2005

Part 2 Section 6

A
  • must be made available to any employee asking for it

- does not specify how it is to be made available.

21
Q

Occupational Health and Safety Act 1984

Section 19

A
  • an employer shall, so far as is practicable, provide & maintain a working environment in which the employees of the employer are not exposed to hazards & in particular, but without limiting the generality of the foregoing, an employer shall.

Injury Management and Workers' Compensation (3 decks)

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